Advisory Council on Walkability and Pedestrian Awareness ...

Advisory Council on Walkability and

Pedestrian Awareness

Self-Report

151st General Assembly

Respectfully submitted to the

Joint Legislative Oversight and Sunset Committee

August 2021

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Table of Contents ABOUT JLOSC AND THE REVIEW PROCESS3

ABOUT THIS SELF-REPORT3

JLOSC PERFORMANCE REVIEW QUESTIONNAIRE4 SECTION 1: AGENCY HISTORY, PURPOSE, AND FUNCTIONS 4

SECTION 2: MISSION, GOALS, OBJECTIVES, & AUTHORITY 7

SECTION 3: ACCOMPLISHMENTS 9

SECTION 4: CHALLENGES 10

SECTION 5: OPPORTUNITIES FOR IMPROVEMENT 10

SECTION 6: COMPOSITION AND STAFFING 11

SECTION 7: FREEDOM OF INFORMATION ACT COMPLIANCE 18

SECTION 8: ADMINISTRATIVE PROCEDURES ACT COMPLIANCE 18

SECTION 9: COMPLAINT AND DISCIPLINARY PROCESS 19

SECTION 10: PRIOR JLOSC REVIEW 20

SECTION 11: PUBLIC INFORMATION 20

SECTION 12: ENACTED LEGISLATION IMPACTING THE AGENCY 22

SECTION 13: PENDING & PROPOSED LEGISLATION 23

SECTION 14: FISCAL INFORMATION 23

SECTION 15: LICENSING PROCESS 25

SECTION 16: RECONSIDERATION, APPEAL, SANCTIONS, REVOCATION 28

SECTION 17: SELF-REPORT AUTHOR(S) 28

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ABOUT JLOSC AND THE REVIEW PROCESS The Joint Legislative Oversight and Sunset Committee (“JLOSC” or “Committee”) is a bipartisan

body comprised of 5 members of the Senate appointed by the President Pro Tempore and 5

members of the House of Representatives appointed by the Speaker of the House.

JLOSC completes periodic reviews of state supported entities such as agencies, commissions, and

boards following statutory criteria under 29 Del. Code, Chapter 102. The review’s purpose is to

determine the public need for the entity and whether the entity is effectively performing to meet

the need. The goal of the review is to provide strength and support to entities that are providing a

State recognized need.

JLOSC performs its duties with support provided by the Division of Research’s dedicated and

nonpartisan staff. JLOSC staff completes a performance evaluation of the entity under review and

submits a Staff Report to JLOSC which includes analysis, key findings, and recommendations.

Recommendations are not finalized until reviewed, discussed, and adopted by JLOSC with an

affirmative vote of 7 members. In February 2022, JLOSC staff will schedule an in person public

hearing for each entity under review to present to the Committee. For additional review

information, please visit the Committee’s website at https://legis.delaware.gov/Committee/Sunset.

ABOUT THIS SELF-REPORT The JLOSC statute requires the entity under review to supply information and materials to

facilitate a legislative oversight and sunset review. Additionally, the entity under review has the

burden of showing, through the statutory review criteria, that there is a genuine public need and

that the entity is meeting that need.

JLOSC staff supplies each entity under review with a Self-Report template and instructions. All

questions appearing in this Self-Report are from the JLOSC staff created JLOSC Performance

Review Questionnaire (“questionnaire”) and are the same for each entity under review. All

questions appearing in the questionnaire use statutory review criteria. Throughout the

questionnaire, the use of the broad term “board” refers to the entity under review, which may be a

board, committee, commission, or council. The entity under review supplies review information

by completing this Self-Report and is responsible for its contents and for forwarding all updates

or corrections to JLOSC staff in a timely manner during the entire review period.

JLOSC staff will not edit or modify the information received in this Self-Report and only check

for completeness and adherence to instructions. JLOSC members will receive completed Self-

Reports and updates directly from their staff. The Committee’s website will include electronic

copies of all Self-Reports and any updates received from entities under review.

http://delcode.delaware.gov/title29/c102/index.html

https://legis.delaware.gov/Committee/Sunset

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JLOSC PERFORMANCE

REVIEW QUESTIONNAIRE

SECTION 1: AGENCY HISTORY, PURPOSE, AND FUNCTIONS Section 1-A. Please provide a summary of your board’s history. Highlight any key events. The Advisory Council on Pedestrian Awareness and Walkability was originally established in

2006 by Governor Minner. The goal of the Council at that time was to advise the Delaware

Department of Transportation (DelDOT) and assist with the development adoption and

implementation of a Statewide Pedestrian Action Plan. The Plan was to address and propose

solutions in an effort to make walking a safe, convenient, efficient and comfortable means

of transportation.

The Advisory Council on Walkability and Pedestrian Awareness (also known as the Pedestrian

Council) was reestablished in 2015 though Executive Order 54 by Governor Markell, to help

address concerns related to the high number of pedestrian fatalities; lack of awareness about

pedestrian laws; and the desire to improve the walkability of the state.

The Pedestrian Council consists of representatives from various state and local government

agencies, nonprofit and advocacy groups, and other concerned members of the public.

The Pedestrian Council was reestablished with the purpose of advising the Secretary of DelDOT

on ways to make walking a safe, convenient, efficient, and comfortable means of transportation.

Its diverse membership was helpful in offering different perspectives in the areas of engineering,

education and enforcement.

For the past five years, they have met regularly – analyzing data pertaining to pedestrian crashes,

pedestrian and driver behavior, and also sidewalk networks across the state. They reviewed traffic

rules and provided advice regarding implementation of DelDOT’s Sidewalk and Multi-Use Path

Maintenance Policy, DTC’s bus stop policy and identified gaps in the state’s E-Crash reporting

system.

They held discussions with various parties including DelDOT engineers, project and program

managers, persons with disabilities, law enforcement officers, educators, homeless shelter

volunteers and guests, and many others. They reviewed existing programs and developed

recommendations to help improve the condition of the pedestrian network and reduce pedestrian

injuries and fatalities in Delaware.

While the Pedestrian Council is not satisfied because pedestrian fatalities have not been eliminated,

the state has taken important steps in addressing the problem and making the transportation system

safer and more accessible for pedestrians.

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The Pedestrian Council has worked hard to fulfill the original focus and goal of providing advice

to DelDOT as stated in Executive Order 54. It even went above and beyond and embarked on

public campaigns for pedestrian safety awareness the most notable of which is designating October

as Pedestrian Safety Awareness Month.

Section 1-B. What are the main functions of this board? Does this board issue any advisory

or policy opinions? If so, where can they be found?

Executive Order 54, which was issued by Governor Markell, outlines the goals of the Pedestrian

Council:

● The Pedestrian Council shall advise the Secretary of DelDOT on the following issues, in

an effort to make walking a safe, convenient, efficient, and comfortable means of

transportation:

○ Identifying gaps in the system of pedestrian paths and sidewalks in an effort to

create a system of sidewalks and pathways that is continuous and interconnected;

○ Providing advice regarding design standards for crosswalks, sidewalks and

pathways ensuring ADA compliance;

○ Providing advice regarding implementation of DelDOT’s Sidewalk and Multi-Use

Path Maintenance Policy;

○ Reviewing traffic rules to help support a safe pedestrian environment;

○ Providing advice regarding accessibility and connectivity in an effort to make

transit a more viable option for all Delaware citizens; and

○ Developing strategies for pedestrian safety education and awareness.

Section 1-C. What condition(s), situation(s), and/or problem(s) existed prior to the creation

of this board that directly led to its creation? Please provide specific examples.

The Pedestrian Council was reestablished on October 12, 2015, to help address concerns related

to the high number of pedestrian fatalities Delaware, in particular, is experiencing above average

pedestrian fatality rates. The Pedestrian Council was charged with advising the Secretary of the

Delaware Department of Transportation (DelDOT) on ways to make walking a safe, convenient,

efficient, and comfortable means of transportation.

The table below shows the percentage of pedestrian deaths against total traffic deaths in Delaware

for the years 2007 through 2019[1]. According to the same GHSA Report, the national average in

2018 was 17%.

Year Total Traffic

Fatalities

Pedestrian Fatalities

Pedestrian Deaths as

Percentage of Total Traffic

Deaths

2007 118 15 12.7

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2008 122 22 18.0

2009 118 15 12.7

2010 103 22 21.4

2011 103 19 18.4

2012 116 30 25.9

2013 101 26 25.7

2014 125 27 21.6

2015 133 36 27.1

2016 120 27 22.5

2017 118 34 28.8

2018 111 24 21.6

2019 132 32 24.2

[1] From Jan 1 - Oct 31, 2020, Delaware reported 19 pedestrian deaths compared to 24 the same

period in 2019.

Section 1-D. To what extent has the existence and functioning of this board alleviated each

of these condition(s), situation(s), and/or problem(s)? Please provide specific examples.

While the Pedestrian Council is not satisfied because pedestrian fatalities have not been eliminated,

the state has taken important steps in addressing the problem and making the transportation system

safer and more accessible for pedestrians.

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Section 1-E. Would the condition(s), situation(s), and/or problem(s) described in question

“1-C” above recur or worsen, in the absence of the board?

Unfortunately, pedestrian fatalities occur independently of the Council’s actions. However,

pedestrian safety is a primary emphasis area of Delaware’s Strategic Highway Safety Plan (SHSP)

since 2006 in order to reduce the number of fatal and serious injury type crashes.

Section 1-F. Are there any recent condition(s), situation(s), and/or problem(s) that further

justify the need for the board’s existence?

The state is responsible for transportation matter, while local governments are responsible for land

use decisions. It is important that there is a partnership between the two entities. More emphasis

should be placed on connectivity and making sure pedestrians have safe and accessible access

around the state.

Section 1-G. Are there any functions of this board that are outdated and no longer needed?

If so, please explain and provide examples.


to DelDOT as stated in Executive Order 54 and DelDOT is working to implement those

recommendations.

One of the focus areas of Delaware’s 2021-2025 Strategic Highway Safety Plan (SHSP) is

pedestrian safety. The SHSP’s Pedestrian Emphasis Area identifies a strategy to initiate a

Pedestrian Safety Stakeholder group with membership from appropriate state agencies, advocacy

groups and the public to identify pedestrian safety and connectivity improvements, policy updates

and improved collaboration between state and local agencies, consistent with the objectives of the

SHSP. DelDOT has initiated several strategies provided in the SHSP in calendar year 2021.

Moving forward, efforts should shift to connectivity. It is imperative to strengthen partnership

with local land use agencies to ensure that connection between developments and pedestrian

networks are incorporated.

SECTION 2: MISSION, GOALS, OBJECTIVES, & AUTHORITY Section 2-A. What is the mission of this board? Does the enabling legislation accurately

reflect the mission?

The Advisory Council on Walkability and Pedestrian Awareness (also known as the Pedestrian

Council) was reestablished in 2015 though Executive Order 54 by Governor Markell, to help

address concerns related to the high number of pedestrian fatalities; lack of awareness about

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pedestrian laws; and the desire to improve the walkability of the state. The Executive Order

accurately reflects the mission of the Council.

Section 2-B. Please identify and explain the board’s goals and objectives, in order of priority.

Executive Order 54, which was issued by Governor Markell, outlines the goals of the Pedestrian

Council:

● The Pedestrian Council shall advise the Secretary of DelDOT on the following issues, in

an effort to make walking a safe, convenient, efficient, and comfortable means of

transportation:

○ Identifying gaps in the system of pedestrian paths and sidewalks in an effort to

create a system of sidewalks and pathways that is continuous and interconnected;

○ Providing advice regarding design standards for crosswalks, sidewalks and

pathways ensuring ADA compliance;

○ Providing advice regarding implementation of DelDOT’s Sidewalk and Multi-Use

Path Maintenance Policy;

○ Reviewing traffic rules to help support a safe pedestrian environment;

○ Providing advice regarding accessibility and connectivity in an effort to make

transit a more viable option for all Delaware citizens; and

○ Developing strategies for pedestrian safety education and awareness.

Section 2-C. Please describe the internal performance evaluation system that the board uses

to measure the attainment of its goals and objectives.

The Pedestrian Council looks at the number of pedestrian fatalities and serious injuries that occur

each year.

Section 2-D. Does the board collect any data sets? If so, please identify and explain.

The Pedestrian Council does not directly collect data. The Council receives updates from the

Office of Highway Safety on the number of pedestrian fatalities at each meeting.

Section 2-E. Does the board conduct any research? If so, please explain and provide the

location of research reports (if produced).

No, the Pedestrian Council did not conduct independent research. The Council received

presentations from other organizations on research they conducted.

Section 2-F. Has the State Auditor or any other external organization recently audited and/or

evaluated the board or any of its programs? Please identify some of the major conclusions

and/or recommendations. Provide links to all reports.

No

Section 2-G. In general, how do other states carry out similar functions?

Most states have some form of Advisory Council on pedestrian safety matters.

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Section 2-H. Are your board’s functions similar or overlapping of other state or federal

entities? If so, discuss how the board coordinates its services with other state or federal

entities sharing similar objectives. Please explain why the functions are best placed within

this board or why you feel they should be placed elsewhere.

Many stakeholders and state agencies play a role in improving pedestrian safety, but the main

entities are DelDOT, Delaware Department of Safety and Homeland Security through the Office

of Highway Safety. Both DelDOT and Office of Highway Safety provide updates to the Council

on programs, projects and initiatives on pedestrian safety. The Pedestrian Council serves to advise

DelDOT on these matters.

SECTION 3: ACCOMPLISHMENTS Section 3-A. List and briefly explain the board’s most significant accomplishments.





The Pedestrian Council made several recommendations to educate people on pedestrian safety;

identify and fill in pedestrian network gaps; and improve walkability of the state. Below are the

recommendations they made. A detailed status update on each is provided in the Pedestrian

Council December 2020 Status Report.

• Revise the state’s E-Crash Form so that it automatically prompts investigating officers to

provide the pedestrian trip origin and destination (if known) for pedestrian crashes.

• DelDOT will prioritize, fund and expand the Pedestrian Safety Audit Program to complete

a minimum of three (3) corridor audits per year. Improvements shall be programmed into

the Capital Transportation Plan (CTP) within one year following the completion of the

audit.

• Recommend that DelDOT develop guidance and design standards for pedestrian median

and sidewalk barriers and prioritize locations for their use.

• Adopt the revised bus stop policy being prepared by the Delaware Transit Corporation.

• Update department’s sidewalk maintenance policy to include a schedule of inspection.

Dedicated funding and resources shall be made available for maintenance and repair of on

and off-road DelDOT bicycle and pedestrian facilities.

• Recommend that DelDOT complete and implement the ADA Transition Plan in

accordance with FHWA requirements.

• Adopt a Complete Streets Implementation Plan.

• To reduce time and difficulties encountered when DelDOT reconstructs existing public

use pedestrian facilities crossing private property, amend Delaware Code to grant

DelDOT the power and authority to temporarily trespass on private property to

reconstruct existing public use pedestrian facilities to a contemporary standard.

• DelDOT Planning liaisons with each local land use agency, should promote non-

motorized road user safety and accessibility concerns with the land use agency when

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reviewing development of parcels along roads and work to incorporate necessary

developer improvements to promote safe non-motorized movements.

• DelDOT create a method of publicly tracking and recording progress on implementing

the Complete Streets Policy and reporting on waivers granted.

• There should be one section, with appropriate resources (e.g. staffing, funding, etc.), within

DelDOT that coordinates various programs to ensure that gaps in the bike and pedestrian

networks are filled and resources are maximized.

• Recommend that DelDOT work with Delaware State Police, local law enforcement,

Office of Highway Safety, and others to develop and conduct a “Share the Road Safety

Class” and that the Pedestrian Council endorse the class as an educational supplement to

pedestrian ticketing.

• Recommend that DelDOT establish and use data-driven thresholds for targeted outreach

to specific schools regarding the Safe Routes to Schools program.

• Recommend that DelDOT work with the Office of Highway Safety, Department of

Education, and school districts to conduct crossing guard training prior to each school

year and that the Pedestrian Council endorse the recommendation that crossing guard

training be required on an annual basis for all non-law enforcement crossing guards in

Delaware.

• Recommend that DelDOT work with the Office of Highway Safety, Department of

Education, and school districts to consider including pedestrian safety education for

school aged children.

• Recommend that section 3.2.14 of the Defensive Driver curriculum be amended from its

current language of “Pedestrian” to read “Pedestrians, including pedestrian safety,

yielding to pedestrians, White Cane Law, and active traffic devices for pedestrian

crossing such as HAWK signals and Rectangular Rapid Flashing Beacons.”

• Recommend upon request that the annual Pedestrian Council budget consider including

pedestrian safety and educational materials.

• Declared October Pedestrian Safety Awareness Month.

• Partnership with homeless shelters to conduct safety events.

• Following the lead of the Office and Highway Safety (OHS), the Education and

Enforcement Subcommittee conducted targeted outreach along high pedestrian fatality

corridors and at various sports and safety events.

• Distributed reflective items and education material.

SECTION 4: CHALLENGES Section 4-A. List and briefly explain 3 to 4 challenges the board is currently facing.

The Council’s role is advise DelDOT on pedestrian safety matters. The challenge is that pedestrian

safety involves many stakeholders, not just DelDOT. Local land use agencies also play a

significant role in pedestrian safety through the approval of development plans. There needs to be

a greater emphasis placed on connectivity; are land development plans incorporating pedestrian

access; is there adequate transit facilities near proposed and existing development. Currently, local

land use agencies are not represented on the Council.

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SECTION 5: OPPORTUNITIES FOR IMPROVEMENT Section 5-A. List and briefly explain several opportunities for improvements. Please

prioritize.

There is a need to re-evaluate the mission and membership of the Pedestrian Council. DelDOT,

DSHS, DSP and others are leading the effort to reduce pedestrian fatalities and crashes through

the newly updated Strategic Highway Safety Plan. A Council could be created to look at

connectivity and access to pedestrian facilities and transit services. This would need to incorporate

the local land use agencies to discuss their comprehensive plans and development approval

process.

Section 5-B. In the past 5 years, have you recommended any changes to the Legislature,

Governor’s Office, or other State entity to improve the board’s operations? If so, please

explain and provide the outcome or current status?



public campaigns for pedestrian safety awareness the most notable of which is designating

October as Pedestrian Safety Awareness Month.

In the last Annual Report, the Council recommended that DelDOT continue to work to fully

address the recommendations and monitor their implementation. Moving forward, efforts should

shift to safety and connectivity and incorporate the focus areas identified in the updated Strategic

Highway Safety Plan to further address how we can prevent pedestrian fatalities from occurring.

It is imperative to strengthen partnership with local land use agencies to ensure that connection

between developments and pedestrian networks are incorporated.

A stakeholder group with an expanded membership of those who will be involved in

implementing these recommendations and the Strategic Highway Safety Plan should be

developed as to collectively work to improve safety and connectivity for pedestrians.

SECTION 6: COMPOSITION & STAFFING Membership: Section 6-A. How is board membership defined? Please explain and provide the section(s).

Examples include statute, regulations, or by-laws.

Executive Order 54 defines the Pedestrian Council membership. The Advisory Council on

Walkability and Pedestrian Awareness (hereinafter, “Pedestrian Council”) is hereby reestablished.

The Pedestrian Council shall consist of no less than eighteen members which shall include the

following:

• The Secretary of the Delaware Department of Transportation (“DelDOT”);

• The Secretary of the Delaware Department of Natural Resources and Environmental

Control (“DNREC”);

• The Secretary of the Department of State (“DOS”)

• The Secretary of Delaware Safety & Homeland Security (“DSHS);

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• The Secretary of the Department of Health and Social Services (“DHSS”);

• The Secretary of the Department of Education (“DOE”);

• The Chair of the State Council for Persons with Disabilities;

• The Chair of the Delaware Developmental Disabilities Council;

• The Chair of the Wilmington Metropolitan Area Planning Council;

• The Chair of the Dover/Kent Metropolitan Area Planning Council;

• The Sussex County Administrator;

• The President of the Delaware Healthcare Association;

• The Executive Director of the American Heart Association of Delaware;

• The DelDOT ADA Title II Coordinator;

• The Department of State ADA Title 11 Coordinator;

• One citizen representative who has a physical disability appointed by the Governor;

• One citizen representative who has a visual impairment appointed by the Governor; and

• Such other persons as the Governor may from time to time appoint.

Section 6-B. Are there special qualifications for board membership?

All members of the Pedestrian Council serving by virtue of position may appoint a designee to

serve in their stead. All members shall be appointed by and serve at the pleasure of the appointing

authority. The Chair shall be elected by a majority of the members of the Pedestrian Council.

Section 6-C. Who has member appointment authority? Where is this defined?

All members of the Pedestrian Council serving by virtue of position may appoint a designee to

serve in their stead. All members shall be appointed by and serve at the pleasure of the appointing

authority. Citizen representatives are appointed by the Governor

Section 6-D. What is the designated term of office for board members? Where is this defined?

There are no defined terms for the members.

Section 6-E. How many members currently serve on this board? Are there any vacancies? If

so, indicate the length of time each vacancy has existed and the reasons why. Has the board

or support staff advised the Governor’s Office or appointing authority of the vacancies?

Nineteen members serve on the Pedestrian Council. There are no vacancies although few member

organizations were inactive in attending meetings or sending representatives.

Section 6-F. Can this board create subcommittees or task forces? If “yes” please address the

following questions:

1. Describe the process and site the board document (statute, regulations, or by-laws)

that permits this.

The Pedestrian Council established three subcommittees, by simple majority vote, to help

accomplish their goals. The subcommittees are – Built Environment, Education and

Enforcement, and Legislative and Policy. Chairs of the subcommittees asked stakeholders

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and subject matter experts to join each subcommittee, in order to provide input to the

Pedestrian Council.

2. Provide a brief history on how many have been created in the past 5 years, and

indicate where meeting documents can be found.

The Pedestrian Council established three subcommittees, by simple majority vote, to help

accomplish their goals. The subcommittees are – Built Environment, Education and

Enforcement, and Legislative and Policy. All material is posted on the Pedestrian Council

webpage on the DelDOT website:

https://deldot.gov/Programs/pedestrian_council/index.shtml

• The Built Environment Subcommittee was tasked with reviewing existing programs

and develop recommendations to help improve the condition of the pedestrian network

and reduce pedestrian injuries and fatalities in the State of Delaware.

• The Education and Enforcement Subcommittee is tasked with identifying education

and enforcement gaps and make recommendations to improve pedestrian safety.

• The Legislative and Policy Subcommittee is tasked with reviewing traffic rules

(Delaware Code and Department Policy) to help support a safe pedestrian environment.

3. If final reports were issued, please provide their location.

The Subcommittees activities and recommendations are incorporated in the Pedestrian

Council’s Annual Report. All material is posted on the Pedestrian Council webpage on the

DelDOT website: https://deldot.gov/Programs/pedestrian_council/index.shtml

4. If there are current subcommittees or task forces currently meeting and conducting

business; include information on membership, duties, and where meeting documents

can be found.

All material is posted on the Pedestrian Council webpage on the DelDOT website:


Section 6-G. Include a current membership roster with this Self-Report. This is a separate

request from the list of supporting documents included in the Self-Report instructions. This

current membership roster must indicate the following for each member:

● First and last name, and their city and state of residence.

● Position held (i.e., Chair, President, Co-Chair, Secretary, etc.).

● Professional or public member.

● Their profession or occupation.

● Original appointment date, expiration date, and number of terms served.

To satisfy this current membership roster request, you may do one of the following:

● Complete the included table below. ● Delete the included table below, build your own table, and place in this section. ● Delete the included table below and attach a document to the Self-Report and label

in the appendices section.




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Member’s Name

and

City and State of

residence.

(as of 12/31/2020)

Position

Held

Professional or

Public Member

Profession or

Occupation

Original

Appointment Date

Appointment

Expiration

Date

No. of

Terms

Served

John Sisson,

Wilmington DE

(Office)

Professional Chair,

WilMAPCO

10/12/2015 NA NA

Robin

Christiansen,

Camden DE

(Office)

Professional Chair, Dover-

Kent MPO

(DKM)

10/12/2015 NA NA

Designee:

Helen Wiles

Professional Public

Outreach

Manager,

DKM

Nicole Majeski

Dover DE (Office)

Professional Secretary,

DelDOT

10/12/2015 NA NA

Robert Coupe

Dover DE (Office)


DSHS

10/12/2015 NA NA

Designee:

Jackie McDermott

Professional Management

Analyst,

Office of

Highway

Safety

Wendy Henry

Dover DE (Office)

Professional Office of Civil

Rights/DelDO

T ADA Title

II

10/12/2015 NA NA

Ken Grant

Wilmington DE

(Office)

Professional AAA 04/24/2018 NA NA

Marsha Carson

Dover DE

(Office)

Professional DOS ADA

Title II

Coordinator

10/12/2015 NA NA

Susan Bunting

Dover DE (Office)


DOE

10/12/2015 NA NA

Designee:

Michael Wagner

Education

Associate

Shawn Garvin

Dover DE (Office)


DNREC

10/12/2015 NA NA

Designee:

David Bartoo

Planner

David Morris

Wilmington DE

(Office)

Professional Executive

Director,

American

Heart Asson

10/12/2015 NA NA

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Jessica Welch

Wyoming, DE

Acting

Chair

Public Citizen

representative

with visual

impairment

02/22/2018 NA NA

Jeffrey Bullock Professional Secretary of

DOS

10/12/2015 NA NA

Todd Webb Public Chair, State

Council for

Persons with

Disabilities

(SCPD)

10/12/2015 NA NA

Designee:

John McNeal

Professional Director,

SCPD

William Payne Public Caregiver 1/26/2016 NA NA

Todd Lawson Professional Administrator,

Sussex

County

10/12/2015 NA NA

William Jiron Jr Public Citizen

representative

with disability

04/11/2018 NA NA

Kristin Harvey Professional For the Chair

of the DE

Developmenta

l Disabilities

Council

10/12/2015 NA NA

Kara Odom

Walker


DHSS

10/12/2015 NA NA

Designee:

Helen Arthur

Professional Section Chief

Wayne Smith Professional President, DE

Healthcare

Assn

10/12/2015 NA NA

Meeting Frequency: Section 6-H. How frequent are meetings held? Is meeting frequency defined anywhere such

as the statute or by-laws? If so, provide document name and section information.

When the Pedestrian Council was first reinstated in 2016, the Council met monthly. Over the

years, meetings were held every other month and then quarterly. On July 28, 2020, the Council

met and held an election in an effort to fill the Chair position that had been vacant since February

2020. Unfortunately, nobody from the group signified interest to become Chair. At the end of the

meeting, a motion was approved by the Council for DelDOT to reevaluate the goals and structure

of the Pedestrian Council. No future meeting was scheduled.

Section 6-I. Can the board hold special or emergency meetings? If so, describe the protocol

involved in requesting and holding a special or emergency meeting.

Yes, the Pedestrian Council would need to follow public meeting notice guidance as established

by Delaware Code.

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Meeting Order and Quorum: Section 6-J. For meeting order, does the board follow Mason’s Manual of Legislative

Procedure or Roberts’ Rules of Order? Is this defined in statute, regulation, or by-laws?

The Pedestrian Council follows Roberts’ Rules of Order.

Section 6-K. How is meeting quorum defined and where is the definition located?

The Pedestrian Council follows Roberts’ Rules of Order to define a quorum.

Member Removal: Section 6-L. Is there a mechanism for member removal? If so, how are members removed

and who has the authority to remove a member? Using the process described, has there ever

been an instance of member removal, and if so, briefly describe the nature of events that led

to the member removal.

There is no formal process outlined for removing a member.

Member Compensation: Section 6-M. Are board members compensated? If so, how are they compensated?

No

Member Training and Handling Conflicts of Interest: Section 6-N. Are board members offered any special training opportunities? Is training

required or voluntary?

No

Section 6-O. Has a Deputy Attorney General (“DAG”) reviewed the provisions of the Public

Integrity Act with board members to ensure that they are complying with the provisions in

the law? If so, what is the frequency of this review? When the Council was first re-established, the DelDOT DAG reviewed the FOIA law with the

Council.

Section 6-P. Please explain how board members avoid conflicts of interest.

At any time, a Council member can ask the DAG supporting the Council a question on a potential

conflict of interest. A Council member can also recuse themselves from discussion or vote if

he/she feels they have a potential conflict of interest.

Section 6-Q. Has the Public Integrity Commission (“PIC”) provided training or clarification

to board members or issued any advisory opinions on board activities? If so, please explain

the details. Provide a link to the information or attach relevant information to this report.

The Public Integrity Commission has not provided a training for the Council members.

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Support Staff: Section 6-R. Is there dedicated support staff directly assisting the board? If so, what state

agency or entity supplies the support staff?

Yes. DelDOT’s Division of Planning provides staff to the Pedestrian Council.

Section 6-S. How many employees are employed by the state agency or entity supplying

support staff? (skip if not applicable)

One employee plus a consultant as needed.

Section 6-T. Does the state agency or entity supplying support staff offer internships? If so,

do interns provide support services to the board? (skip if not applicable)

Yes. Some DelDOT interns in the past were given the opportunity to provide support to the

Pedestrian Council. This included helping with meeting materials and logistics.

Section 6-U. What is the size of the support staff directly assisting the board? How many are

merit, appointed, exempt, temporary, casual seasonal, or contract employees? For contact

employees indicate who holds the employment contract. Highlight support staff

responsibilities, indicate who performs each and the percent of staff time spent on each

responsibility. (skip if not applicable).

One merit employee assists the Pedestrian Council and its three subcommittees. Duties included:

1) developing agenda for regular meetings (20%); 2) keeping track of Council and Subcommittee

plans and recommendations and their implementation (40%); 3) conducting research as maybe

requested by Council and Subcommittee members (30%); 4) transcribing meeting minutes and

organizing meeting logistics (10%).

Section 6-V. Who supervises the support staff directly assisting the board? (skip if not

applicable).

Planning Supervisor, Assistant Director and Director of the Division of Planning of DelDOT.

Section 6-W. How is the support staff directly assisting the board recruited and hired? Is

there an orientation session for new hires? (skip if not applicable).

Support staff is a regular merit employee of the State and was just assigned to assist the Council

and its three Subcommittees.

Section 6-X. What training opportunities are available to support staff directly assisting the

board? (skip if not applicable).

Similar trainings offered to all state employees.

18 | Page

Section 6-Y. Is the effectiveness of the board hindered by a lack of staff assistance or

dedicated support staff? Please explain. What steps, if any, have been taken to address any

staffing issues? (all entities under review answer this question).

Staffing of the Council has been effective and no issues have been identified.

Section 6-Z. Please identify, list, and briefly describe any executive orders, interagency

agreements, management directives, administrative circulars, or like documents that

directly impact the functioning of the board. (all entities under review answer this question).

Executive Order 54 signed by Governor Jack Markell on October 12, 2015 reestablished the

Pedestrian Council. Also, every October starting in 2017, the Pedestrian Council requests the

Office of the Governor to declare October as Pedestrian Safety Awareness Month and encourage

state agencies and other interested organizations to work with DelDOT, Office of Highway Safety

and other stakeholders to celebrate with programs and activities to promote pedestrian safety.

SECTION 7: FREEDOM OF INFORMATION ACT (“FOIA”) COMPLIANCE Section 7-A. How does the board respond to FOIA requests?

The Pedestrian Council has not received a FOIA request.

Section 7-B. When and where are the meeting agendas posted?

All meeting notices and agendas are posted on the State of Delaware Public Calendar, as well as

on the Pedestrian Council webpage on the DelDOT website:


Section 7-C. Are meeting minutes regularly transcribed? When and where can the public

obtain copies of meeting minutes?

Yes, meeting minutes are transcribed for each meeting and can be found on the Pedestrian Council

webpage on the DelDOT website: https://deldot.gov/Programs/pedestrian_council/index.shtml

Section 7-D. Are meetings recorded? If so, indicate whether it’s an audio or video recording

and is the recording posted online for the public? If the recordings are not posted online, are

instructions provided to the public on how to request recordings?

Meeting are not recorded.

Section 7-E. Within the past 3 calendar years, has the agency conducted executive sessions

or other closed meetings? If yes, please indicate the date of each and the nature of the

meeting. Are minutes of executive sessions or other closed meetings available to the public?

No

Section 7-F. Has the agency ever received any complaints that they were violating FOIA? If

so, please list and include the result of the hearing or the review.



19 | Page

No

SECTION 8: ADMINISTRATIVE PROCEDURES ACT COMPLIANCE Section 8-A. Does the board promulgate rules or regulations in accordance with the

Administrative Procedures Act?

No

Section 8-B. Has a DAG assigned to this board reviewed the current rules and

regulations for compliance with the governing statute?

There is a DAG assigned to the Pedestrian Council.

Section 8-C. Is the board considering any changes to its current rules and regulations?

No

If "yes" please address the following questions:

1. What is the status and nature of the planned changes?

2. Have the proposed changes been reviewed and approved by the agency’s Deputy

Attorney General?

3. Have the proposed changes and the public hearing date been published in the

Register of Regulations?

SECTION 9: COMPLAINT AND DISCIPLINARY PROCESS Section 9-A. Please describe in detail the complaint process utilized to resolve disputes

between the board and the public, including how complaints are filed, who investigates

complaints, and how long investigations proceed.

The Council serves as an advisory role, so they do not have a formal complaint process. If an

issue were to be presented to the Council by a member of the public, the Council will ask the

relevant state agency to investigate.

Section 9-B. What are some of the most common complaints received by the board? Please

identify where the complaints originate (i.e., public, media, Attorney General’s Office,

consumer groups, etc.).

The Pedestrian Council has not received any complaints.

Section 9-C. Have any complaints been filed with the Attorney General’s Office? If so,

have they been resolved?

No

20 | Page

Section 9-D. Are there any Delaware Attorney General’s Opinions that affect the

functioning of the board? If so, please provide the date and number.

No

Section 9-E. Are there any recent judicial decisions (state or federal) that directly affect

the functioning of the board?

No

Section 9-F. What specific disciplinary actions were taken by the board as a result of

complaint investigations? (i.e., license revocation, license suspension, formal reprimand,

penalty, etc.).

N/A

Section 9-G. Please describe in detail the process utilized for determining appropriate

disciplinary actions taken against individuals licensed, employed, or monitored by the

board. Include the appeals process, if applicable.

N/A

Section 9-H. If applicable, provide the following complaint data for calendar years 2018,

2019, 2020, and 2021 (to date): N/A Calendar

Year 2018

Calendar Year 2019

Calendar Year 2020

Current Calendar Year 2021

Total Number of Complaints Received by the Board

Total Number of Complaints Investigated

Total Number of Complaints Found Valid

Total Number of Complaints Forwarded to the Attorney General

Total Number of Complaints Resulting in Disciplinary Action

SECTION 10: PRIOR JLOSC REVIEW Section 10-A. Has JLOSC previously reviewed this board? If so, provide the year(s) of review

and list all JLOSC final recommendations, indicate whether the board is complying or non-

compliant with each recommendation, and explain all areas of non-compliance.

No

21 | Page

SECTION 11: PUBLIC INFORMATION Section 11-A. How does your board communicate information with the public? Does your

board use a website and/or social media platform(s)? If so, please list each method of

communication and supply the applicable web address, handle, or username.

The Pedestrian Council has a website where meeting information, minutes and annual reports are

posted (https://deldot.gov/Programs/pedestrian_council/index.shtml). Some special events such

as Pedestrian Safety Awareness Month were posted through DelDOT’s Facebook Page. In October

2019, the Education and Enforcement Subcommittee partnered with the Delaware State Police to

promote pedestrian safety (https://dsp.delaware.gov/2019/09/26/pedestrian-safety-awareness-

campaign/). Some pedestrian safety events were also communicated to the offices of legislators

who have jurisdiction over event venues such as past outreach events in Seaford, Dover and

Philadelphia Pike.

Section 11-B. What information or educational resources are made available to the public

relating to the board’s activities? Examples include newsletters, guidelines, rules and

regulations, policy briefs, or other similar documents. Please indicate the method and

frequency of distribution for each and identify the target group(s).

Annual Reports from 2016 to 2020 regarding the Pedestrian Council’s yearly activities are posted

online. Educational materials developed by the Education and Enforcement such as brochures and

flyers regarding pedestrian safety are distributed at various events across the state several times a

year.

Section 11-C. Does your board actively engage with the public and solicit feedback? If so,

please explain. If the board has conducted surveys, please list all surveys conducted within

the past 5 years and indicate where the public can find survey results.

Pedestrian Council and Subcommittee members speak to the public and ask for feedback during

pedestrian safety events. Some of the places where these events were conducted include:

Philadelphia Pike (which is a high pedestrian crash area), Brecknock Park (Safe Summer Day),

Browns Branch County Park (Middle School Cross Country Championships), Dover Public

Library, Code Purple Sussex County, Dover Interfaith Mission for Housing, etc. A survey was

planned by the Education and Enforcement Subcommittee but did not materialize.

Section 11-D. Does your board have by-laws? If so, are they available for the public (include

location) and what was the last date of revision?

No.


https://dsp.delaware.gov/2019/09/26/pedestrian-safety-awareness-campaign/

https://dsp.delaware.gov/2019/09/26/pedestrian-safety-awareness-campaign/

22 | Page

Section 11-E. Please complete the following 3 charts (add or delete cells as needed) with the

most current information regarding interest groups, national organizations, and industry or

trade publications as described in each chart heading.

Interest Groups

(Groups affected by board actions or represent others served by or affected by board actions)

Group or Association Name/Contact Person

Internet Address Phone Number

Delaware Bike Council https://deldot.gov/Programs/bike/biking_in_delaware/

302-760-2260

Bike Delaware

http://bikede.org

302-722-4591

National Organizations or other State Entities

(that serve as an information clearinghouse or regularly interact with the board)

Group or Association Name/Contact Person

Internet Address Phone Number

Delaware Office of Highway Safety

https://ohs.delaware.gov/ 302-744-2749

Industry or Trade Publications

Group or Association

Name/Contact Person Internet Address Phone Number

N/A

23 | Page

SECTION 12: ENACTED LEGISLATION IMPACTING THE AGENCY Section 12-A. Did legislation establish the board? If so, what year and by what legislative

bill was the agency established?

Executive Order 54 established the Pedestrian Council.

Section 12-B. Please list all legislative bills and other acts that have made substantive

amendments to the board’s enabling legislation. Please indicate the bill number and date

of enactment for each.

N/A

Section 12-C. Please identify, list, and briefly describe any federal laws or regulations

that guide or otherwise directly affect the functions, responsibilities, and operations of

the board.

N/A

SECTION 13: PENDING & PROPOSED LEGISLATION Section 13-A. Please list any currently proposed legislation (state and federal) that, if passed,

will directly impact the functions or operations of the board. Please indicate any bills that

the board is supporting or opposed.

N/A

SECTION 14: FISCAL INFORMATION Section 14-A. Complete the following chart to provide the board’s actual revenue for FY19

and FY20 and budgeted revenue for FY21. Also indicate the source of funds (i.e., general

fund, federal funds, special funds, etc.). The Pedestrian Council does not generate any revenue

but funding of $20,000 per year is provided by DelDOT. No budget was allocated for the

Pedestrian Council for FY2021 since it was not certain if the Council would still meet.

Revenue: N/A

Fiscal Year Source of Funds

Amount

FY21 (budgeted)

General Funds $0.00

Federal Funds $0.00

Special Funds $0.00

TOTAL: $0.00

FY20 (actual)

24 | Page

General Funds $20000.00

Federal Funds $0.00

Special Funds $0.00

TOTAL: $0.00

FY19 (actual)


Federal Funds $0.00

Special Funds $0.00

TOTAL: $0.00

Section 14-B. If the board receives federal funds, including grants, please indicate the

following: N/A

• Total amount of federal funds.

• Type of federal fund.

• State/Federal Match Ratio.

• State Share of Dollars.

• Federal Share of Dollars.

Section 14-C. Does the board collect any fees or fines? Provide information on any fines or

fees collected by the agency: No

Description of Fine

or Fee Current Fine

or Fee $$ Number of Persons or

Entities Paying Fine or Fee

Fine or Fee Revenue

$$

Where is the Fine or Fee Revenue Deposited?

(i.e., general fund, special fund)

Section 14-D. Has the board conducted a financial analysis to determine if the current fees

are sufficient to cover the cost of the administrative activity related to each? Do the current

fees or fines need to be updated or revised? Please explain, indicating whether the fees or

charges can be changed directly by the agency or if legislative approval is required.

N/A

Section 14-E. Complete the following chart to provide the board’s actual expenditures for

FY19 and FY20 and budgeted expenditures for FY21. Also indicate the source of

expenditures (i.e., general fund, federal fund, special fund, etc.).

Expenditures:

Fiscal Year Source of Funds

Amount

FY21 (budgeted)

General Funds $0.00

Federal Funds $0.00

Special Funds $0.00

25 | Page

TOTAL: $0.00

FY20 (actual)


Federal Funds $0.00

Special Funds $0.00

TOTAL: $0.00

FY19 (actual)


Federal Funds $0.00

Special Funds $0.00

TOTAL: $0.00

Section 14-F. Provide a detailed breakdown of FY21 budgeted expenses.

Breakdown of FY21 budgeted expenses: There have been no expenditure for FY21

Line Item

Source(s) Amount of Expenditures

TOTAL

Section 14-G. Within the last three fiscal years, have there been any external factors that

have positively or negatively impacted the agency’s revenue or expenditures?

No

SECTION 15: LICENSING PROCESS Section 15 of the Self-Report may not be applicable. This section will apply if your board

reviews applications and/or issues licenses. If you are not sure please contact JLOSC staff.

⮚ If this section is applicable, answer all questions in Section 15.

⮚ If this section is not applicable, write below that your board does not review

applications or issue licenses, and then skip to Section 16.

The Pedestrian Council does not review applications or issue licenses.

26 | Page

Section 15-A. Please list each of the licenses, certificates, or approval notices issued by the

board and include the following information:

• Indicate how many are currently licensed, and whether an individual or

institution receives the license.

• Standard date of and requirements for renewal.

• Criteria for determining qualifications for licensure.

• Period for which a license is valid.

Section 15-B. Please provide the following data for each license, certificate, or approval

notice issued by the board during calendar years 2018, 2019, 2020, and 2021 (to date). Include

additional charts, if necessary:

Name of license issued by the board: ______________________________________

# of License Applications

Received


Approved

# of

Licenses Issued

# of

Licenses Rejected

# of

Licenses Revoked

Calendar Year 2018

0 0 0 0 0

Calendar Year 2019

0 0 0 0 0

Calendar Year 2020

0 0 0 0 0

Current Calendar Year 2021 (to date)

Name of license issued by the board: ______________________________________


Received


Approved

# of

Licenses Issued

# of

Licenses Rejected

# of

Licenses Revoked

Calendar Year 2018

0 0 0 0 0

Calendar Year 2019

0 0 0 0 0

Calendar Year 2020

0 0 0 0 0

27 | Page

Current Calendar Year 2021 (to date)

Section 15-C. Do licenses issued by this board have reciprocity or endorsement agreements

with Delaware? If so, provide a list of all states and jurisdictions that have licensing

reciprocity or endorsement agreements with Delaware. Indicate if the board requires a

signed agreement or endorsement from another state or jurisdiction before a Delaware

license is issued?

Application Fees: Section 15-D. Are any application fees collected by the board? If so, complete the chart

below.

Fee Type Application Fee

Fee Type $0

$0

$0

$0

$0

Section 15-E. If application fees are collected, when are fees due? Where are fees deposited?

What happens if the fee is not paid? Are there any reduced fee options?

Section 15-F. If application fees are collected, has the board conducted a financial analysis

to determine if the current application fees are sufficient to cover the cost of processing

applications? Do the current application fees need to be updated or revised? Please explain,

indicating whether the application fees can be changed directly by the agency or if legislative

approval is required.

Application Process: Section 15-G: Describe the application review process. Include where applications are

obtained. Who reviews applications? How are applicants informed of decisions?

28 | Page

Examinations: Section 15-H. If there is an examination requirement to obtain a license, address the

following questions:

1. Is the examination written, oral, or both?

2. Is a standardized national examination used?

3. Who develops and scores the exam?

4. Are all aspects of the examination validated?

5. Who administers the exam, where is it administered, and how often is the

exam given?

6. During each of the previous three calendar years, how many persons sat for

an exam, and of those, how many successfully passed?

SECTION 16: RECONSIDERATION, APPEAL, SANCTIONS, REVOCATION Reconsideration: Section 16-A: Is there a process for application or board decision reconsideration (a process

prior to a formal appeal, sometimes referred to as an administrative reconsideration)? This

could also apply to reconsidering budget decisions made by the board. If so, please explain. The Pedestrian Council follows Robert’s Rule for conducting meetings. When making a

decision on a budget expenditure, a motion is made and seconded by a Council member,

discussion takes place and vote happens.

Appeal: Section 16-B: Can an applicant, group, or individual appeal a board decision? If so, explain

the process for appeal. A group can request funding of the Council that is relevant to pedestrian safety. There is no formal

appeal process if a group’s request is denied.

Sanctions: Section 16-C: Can the board issue sanctions? If so, explain the sanction process. No, the Pedestrian Council serves in an advisory role.

Revocation: Section 16-D: Does the board have a revocation process? If so, explain the process. No, the Pedestrian Council serves in an advisory role.

29 | Page

SECTION 17: SELF-REPORT AUTHOR(S) Section 17-A: Include all Self-Report author(s) and contact information below.

⮚ All Self-Report author(s) listed below certify the information supplied in this

Self-Report is correct to the best of their ability.

⮚ Maria Andaya, Division of Planning, Delaware Department of Transportation

o [email protected]

o (302)760-2458

⮚ Nicole Majeski, Cabinet Secretary, Delaware Department of Transportation

o [email protected]

o 302-760-2715

o Reminder to entity under review: Any updates or corrections to Self-Report

contents and entity information must be submitted to JLOSC staff in a

timely manner during the entire period of review.

Section 17-B: This Self-Report was submitted to JLOSC staff on: August 18, 2021

mailto:[email protected]

mailto:[email protected]

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